0205—Planning—MINUTES OF MEETING OF BURWOOD COUNCIL

Ms Hale to the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)—

1. Do the Minutes of a meeting of Burwood Council on held 23 May 2006 state: "Councillor Faker declared a Conflict of Interest in Item 51⁄06 Draft Local Environmental Plan, Draft Development Control Plan, and Draft Section 94 Plan for Burwood Town Centre as he believes a previous partner of his father has adjoining property in the area concerned."?
2. Is the failure to declare the nature of a pecuniary interest in contravention of section 451(1) of the Local Government Act?
3. Is it appropriate for a Councillor who has a pecuniary interest in the preparation of a draft Local Environmental Plan (LEP), draft Development Control Plan (DCP) and draft section 94 plan to participate in meetings with council officers and other parties when those matters are being discussed and formulated?
4. Did a Council meeting scheduled for 11 September 2006 lapse for want of a quorum?
5. Was there an email sent to Burwood Councillors from the Council's Senior Manager Governance, Michelle McIlvenny, which reads:
   "Afternoon Councillors, Earlier today I advised of an Extraordinary meeting of Council on Monday 25 September 2006. While at the meeting on Monday night the time and date for the adjourned meeting was given as Monday 25 September there were also provisions to have it on another date pending advice from the Minister and after discussions with the Deputy Mayor."
   "It would make more sense to have the adjourned meeting following the ordinary meeting on 26 September."
   "Please see attached document that outlines the dates for the next meetings of Burwood Council."?
1. Is the Minister for Planning the Minister referred to in this email?
2. If so, what advice did the Minister provide to the Council?
3. If the Minister for Planning is not the Minister referred to in the email, does the Minister know to which Minister the email refers?
6. Is the failure to hold the extraordinary meeting on the date determined (25 September) by the inquorate meeting of 11 September a contravention of the Regulation 233 of the Local Government (General) Regulation 2005?
7. Has Burwood Council provided to the Department of Planning the information requested in a letter from the Director General of Planning to the Council, dated 24 April 2006, namely:
1. The potential need for an Infrastructure Plan?
2. Details of the total floor space potential created by the draft LEP?
3. The expected increase in demand for regional infrastructure?
4. Background detail to 'Schedule A - Infrastructure Scope and Costs' (eg, scope of works for each of the infrastructure items provided?
5. Traffic and transport arrangements, including parking provision, and the impact of traffic congestion on bus services?
1. Was there a letter from the Director General of Planning to the council dated 30 June 2006 sent in response to Burwood Council's letter of 2 June inquiring as to whether the views expressed in the 2 June 2006 letter are the position of the officers or of the council?
2. Does the letter go on to state that "It is also unclear if the Council has been advised of the alternatives to promote commercial development in the Burwood Town Centre and the benefits of those alternatives"?
1. Has the elected council discussed these issues?
2. If not, why not?
9. Was there a letter sent from the Director General of Planning of 11 August 2006 that refers to meetings with the General Manager, Mayor and department officials on 25 July 2006?
1. Does the Mayor have a pecuniary interest in the Burwood Town Centre?
2. If so, is it appropriate that the Mayor should have participated in such meetings?
1. Does the proposed LEP differ significantly from that which was presented to the community, especially the provisions relating to the perimeter area which faces heritage homes and conservation areas?
2. If so, why?
12. Was there a report written entitled "Report to the Minister for Local Government under section 14(2) of the Independent Commission Against Corruption Act 1988 into the conduct of two Burwood councillors"?
1. Will the Minister suspend further consideration of Burwood's draft Town Centre LEP, draft DCP, draft section 94 plan, and amending section 94 plan until doubts about the validity of the Council processes have been resolved?
2. If not, why not?

Answer—

1. to (11) I refer the member to my answer to question 0187.

(12) Question to be directed to the Minister for Local Government.

(13) I refer the member to my answer to question 0187.